Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

F I S C A L I M P A C T R E P O R T

SPONSOR Park

ORIGINAL DATE

LAST UPDATED

2/15/07

2/21/07 HB 1185

SHORT TITLE Bernalillo Guardianship Monitoring Study

SB

ANALYST Propst

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$200.0

Non -Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of Bill

House Bill 1185 makes an appropriation of $200.0 to contract for a feasibility study of a

permanent program in Bernalillo County that monitors guardianship and conservatorship.

FISCAL IMPLICATIONS

The appropriation of $200.0 contained in this bill is a non-recurring expense to the General

Fund. Any unexpended or unencumbered balance remaining at the end of FY08 shall revert to

the General Fund.

SIGNIFICANT ISSUES

Currently, the Developmental Disabilities Planning Council/Office of Guardianship, and the

Aging and Long Term Services Department/Adult Protective Services, provide monitoring of the

600 state corporate wards and provide oversight for abuse/neglect and exploitation. The current

programs do not provide adequate monitoring of the 9,000+ family and private wards throughout

the state.

The Developmental Disabilities Planning Council (DDPC) reports that House Joint Memorial 34

would convene a task force to address a board scope of issues inclusive of the monitoring issue

in HB 1185. The DDPC views these two bills as complementary. The DDPC strongly

House Bill 1185 – Page

2

recommends that any results of this study be provided to the HJM 34 Task Force which will be

composed of: “representatives from the developmental disabilities planning council, the

administrative office of the courts, the adult protective services division of the aging and long-

term services department, the department of health, other appropriate state agencies, New

Mexico district court judges, the New Mexico guardianship association

, the protection and

advocacy system, the senior citizens law office, individual and corporate guardians, elders,

individuals with disabilities, advocates or other representatives of elders or adults with

disabilities and other interested individuals".

Courts currently have the names of all the guardians and conservators and are monitoring

guardians through annual reports. Unfortunately only about 12% of the annual reports are filed

which creates the need for new solutions to monitoring private and family guardians.

The information needed to monitor guardians is sequestered by the courts and is confidential. It

may be beneficial to fund the monies to the Administrative Office of the Courts so that in the

contract the courts can provide access to these confidential records. Otherwise, an additional

formal agreement will be necessary to access these records.

ADMINISTRATIVE IMPLICATIONS

DDPA notes that the Administrative Office of the Courts, which currently has monitoring

responsibilities, might be better placed as the agency to provide performance standards for this

study.

This study will provide an immediate review of 500 current guardianship and/or conservatorship

cases. These wards have had little or no oversight, which may be resulting in endangerment of

these wards.

RELATIONSHIP

Relates to HJM 34.

AMENDMENTS

The following amendment has been suggested:

Page 2, Line 1. insert “results of this study shall be presented to the Interim Legislative Health

and Human Services Subcommittee and provided to the Developmental Disabilities Planning

Council Office of Guardianship."

WEP/mt